THE COURTS
Title 255—LOCAL
COURT RULES
CARBON COUNTY
Preliminary Arraignment—Policy and Procedures; No. CP-13-AD-0000002-2011
[41 Pa.B. 1016]
[Saturday, February 26, 2011]
Administrative Order No. 6-2011 And Now, this 14th day of February, 2011, in order to create systematic procedures for preliminary arraignments during normal business hours and outside normal business hours utilizing video conferencing as indicated, it is hereby
Ordered and Decreed, that effective thirty (30) days after publication in the Pennsylvania Bulletin, the Carbon County Court of Common Pleas Adopts the following policy and procedures for Preliminary Arraignment for every adult person arrested.
The Carbon County District Court Administrator is Ordered and Directed to do the following:
1. File one (1) certified copy of this Administrative Order with the Administrative Office of Pennsylvania Courts.
2. File two (2) certified copies, one (1) computer diskette and a copy of the written notification received from the Criminal Procedural Rules Committee with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.
3. Publish a copy of this Administrative Order on the Unified Judicial System's website at http://ujsportal.pacourts.us/localrules/ruleselection.aspx.
4. Forward one (1) copy for publication in the Carbon County Law Journal.
5. Forward one (1) copy to the Carbon County Law Library.
6. Keep continuously available for public inspection copies of the Order in the Clerk of Courts' Office.
By the Court
ROGER N. NANOVIC,
President Judge
Carbon County Arrest and Central Booking
Policy and Procedures1. Preliminary Arraignment Procedures
A. During Normal Office Hours
1. If the criminal complaint is completed so that the defendant may be arraigned by the Magisterial District Judge (MDJ) during their normal operating hours of 8:30 A.M. to 12:00 noon and 1:00 PM to 4:30 PM Monday through Friday, exclusive of holidays, the arresting officer shall proceed to the office of the MDJ who issued the warrant or within whose jurisdiction the offense occurred for preliminary arraignment.
B. Outside Normal Business Hours
1. If the defendant cannot be arraigned during the MDJ's normal operating hours, the police officer shall contact the on-call MDJ through the Communications Center (Comm. Center) to conduct a preliminary arraignment. The arresting officer shall contact the Comm. Center by telephone to request an arraignment as follows:
a. Upon the arrest of a defendant pursuant to a warrant, and
b. After the completion of the criminal complaint when an ''on-view'' arrest occurs which requires an immediate preliminary arraignment.
2. An information sheet for a public defender should be given to the defendant. The MDJ will go over this form with the defendant.
3. The arresting officer shall conduct a video after-hours arraignment from their police station unless the Magisterial District Judge requests an in court arraignment or the arrest occurs within the same municipality as the Magisterial District Court. Prior to the arraignment the arresting officer shall fax the following paperwork to the MDJ location:
a. Criminal complaint and probable cause affidavit;
b. Victim Notification form;
c. Police information for MDJ to set bail form;
d. Detainers; and
e. CLEAN rap sheet.
4. When the MDJ is ready for the arraignment to begin, he will notify the police officer and fax any necessary paperwork back.
5. The police officer will then utilize the on-screen video arraignment connection from the police department and the MDJ will announce the beginning of the proceedings before the court and to the defendant.
6. It is the duty and obligation of the police officer to assure that the defendant being arraigned can clearly see and hear the actions of the Magisterial District court before him/her and be sure that all background noises are to a minimum. The MDJ will also confirm same.
7. Upon completion of the arraignment, the police officer shall speak to the MDJ and be notified of the disposition of the defendant. (Bail, ROR or incarceration) The MDJ will also notify the defendant of his/her disposition.
8. The MDJ will fax back the necessary paperwork as follows:
a. In the event of incarceration:
1. Signed criminal complaint;
2. Signed probable cause affidavit;
3. Notice of preliminary hearing;
4. Commitment;
5. Release of Prisoner;
6. Bail conditions;
7. Bail bond;
8. Surety; and
9. Related Forms.
b. In the event of bail release:
1. Signed criminal complaint;
2. Signed probable cause affidavit;
3. Notice of preliminary hearing;
4. Bail bond;
5. Surety; and
6. Related Forms
9. Bail bond must be signed by the defendant. The form must be faxed back to the arraignment MDJ. A copy is made for the arraignment folder.
10. Surety information page will be signed by the defendant in the event of unsecured bail. This form must be faxed back to the arraignment MDJ. A copy is made for the arraignment folder.
11. The defendant shall receive a copy of all paperwork.
12. A copy of all paperwork shall be placed in the arraignment folder and given to the Magisterial District Court for distribution.
13. All original documents are to be placed in the arraignment folder and delivered by the police officer.
14. In the event of incarceration, a copy of the commitment, bail information, surety information, police criminal complaint and probable cause affidavit as well as victim notification form and any other detainers received from CLEAN shall be made for the commitment folder.
15. The arresting police department shall receive a copy of the arrest warrant, criminal complaint, probable cause affidavit, notice of preliminary arraignment, notice of preliminary hearing, clean rap sheet, victim notification form, commitment, detainer, release of prisoner, bail conditions, bail bond, and surety information page.
16. The arraignment folder will have an ''arraignment folder checklist'' stapled to the inside of the folder and shall include a copy of the following paperwork: criminal complaint, probable cause affidavit, notice of preliminary arraignment, notice of preliminary hearing, detainers, victim notification form, clean rap sheet original, commitment, release of prisoner, bail conditions, bail bond, and surety information page.
17. The police officer will be responsible to fax all pertinent paperwork back to the MDJ. The MDJ's office will be responsible for making copies and distributing the paperwork to the proper persons. Booking center files will be kept and maintained by the Carbon County Correctional Facility.
18. Once the preliminary arraignment is completed by the MDJ, the defendant shall be provided with the opportunity to post bail with the office of the MDJ or the Carbon County Correctional Facility. The defendant's opportunity to post bail prior to being incarcerated shall be a reasonable time determined by the MDJ.
19. If the defendant posts bail, he/she shall be released immediately and provided with the following information:
a. If the defendant posts bail, the MDJ shall verbally advise the defendant of the requirement to appear at the Carbon County Correctional Facility or Pennsylvania State Police Barracks prior to his/her preliminary hearing for fingerprinting.
b. The MDJ shall also issue a fingerprint order, AOPC Form 405-05, which shall order the defendant to call the Carbon County Correctional Facility or appear at the Pennsylvania State Police Barracks for electronic fingerprinting and photos.
c. A receipt for bail shall be issued to the defendant or bail poster.
d. Arresting officer shall remain with the defendant until the bail is posted at the MDJ office.
20. If the defendant was arraigned at the MDJ's office or by video-arraignment procedures and fails to post bail, the arresting officer shall transport the defendant to the Carbon County Correctional Facility for booking.
Preliminary Hearings
A. Prior to the commencement of the preliminary hearing, the defendant must be processed through Livescan/CPIN.
B. If the defendant appears at the preliminary hearing after having failed to be processed through Livescan/CPIN as he/she was advised to do at the preliminary arraignment, the MDJ shall have the following options:
1. Require that the defendant submit to Livescan/CPIN processing prior to the commencement of the preliminary hearing at the Magisterial District Court; or
2. Continue the preliminary hearing and order the defendant to be processed through Livescan/CPIN at a specific time and date prior to the continued preliminary hearing.
3. Conduct the preliminary hearing and set bail conditions to ensure compliance with Livescan/CPIN processing prior to the next scheduled Common Pleas Court event.
C. Each defendant shall be assessed a fee of $100.00 for Livescan/CPIN processing as required by 42 Pa.C.S.A. 1725.5 unless the defendant prepays the Livescan/CPIN processing fee of $75.00.
[Pa.B. Doc. No. 11-325. Filed for public inspection February 25, 2011, 9:00 a.m.]
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